Man Convicted of Raping 12-Year-Old Granted Joint Custody of Child
Man Convicted of Raping 12-Year-Old Granted Joint Custody of Child
Christopher Mirasolo has been convicted twice of sexual assault of a child
11 October, 2017, 01:14
"I have it right here, '" said Rebecca Kiessling, the victim's attorney. According to a MI law passed in 2016 under the Child Custody Act, "if a child custody dispute involves a child who is conceived as the result of acts for which 1 of the child's biological parents is convicted of criminal sexual conduct ... or is found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration, the court shall not award custody to that biological parent".
Calls seeking additional comment from Yockey and the Sanilack County Prosecutor's Office were not immediately returned early Tuesday.
Kiessling said Sanilac County Judge Gregory S. Ross signed an order awarding parenting time and joint legal custody of the 8-year-old child to Christopher Mirasolo Sept. 22.
Mirasolo's lawyer, Barbara Yockey, said he did not request joint custody.
"He's not going to attempt to see the child, no", Yockey said, adding she anticipates an October 25 hearing in the case to be canceled.
Mirasolo was contacted and given a copy of the complaint for paternity.
Since being convicted in 2008, Mirasolo has been convicted of another sexual assault of a child and served four years in prison for it. The Times Herald does not name the victims of sexual assault.
Ross gave Mirasolo the victim's address, ordered that his name be added to the birth certificate, and issued a warning that the victim could not move more than a hundred miles from where she is living without the court's permission. "Any rapist is unfit to be a parent, as far as I'm concerned", she said.
Mirasolo, a Brown City resident, is on parole until July of 2018 for another third-degree criminal sexual conduct conviction involving a child age 13-15, according to the Michigan Department of Corrections. The victim was between 13-5 years old.
Kiessling said her client's custody case started after Sanilac County looked into child support she had received this past year.
"He should have been in prison when she was raped".
She said the prosecutor's office is failing her client. "If they are unable to agree, either part may file a motion". Kiessling said the prosecutor's office "inexplicably", did it.
Kiessling said the prosecutor's office "inexplicably" filed motions on behalf of Mirasolo, forwarding the order to the judge without her client's consent.
"I think this is all insane", said the victim, whose identity is being protected.
Kiessling said this case is a clear example of why laws need to be changed to terminate the parental rights of rapists.
The victim, who was assaulted in September 2008, said she was never consulted regarding joint custody.
The case made headlines across the state - and then went viral over the weekend - after "The Steve Gruber Show", a Lansing-based radio program, reported the woman's rapist was given joint custody of the child. Secondly, we've had several women in our organization conceived in rape, and their biological rapist fathers used visits to molest them as well.
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